Case law

People v. Shapiro

6 A.D.2d 271 · Appellate Division of the Supreme Court of the State of New York · Jul 21, 1958

Finally, on May 14, 1879, another bill entitled “An Act to Establish a Penal Code ” was presented. … The crime with which we are here concerned is clearly and precisely defined in section 1141 of the Penal Law.

People ex rel. McCormick v. Partridge

95 A.D. 323 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1904

Upon a conflicting question of fact we are bound by the conclusion of the commissioner, and it is only in cases where we are satisfied that the one reached is clearly against the weight of evidence that we are at liberty … He had *328 that night presented himself as bondsman, claiming. that he had property in Brooklyn; but as this did not qualify him in the judgment of the relator, he was rejected.

Saperstein v. Ullman

49 A.D. 446 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1900

He duly qualified, and has ever since acted as such. For many years prior to and up to the time of her death Amelia Oilman had conducted a clothing store in the city of Watertown, M. … Clearly, under those rules, the defendant was authorized to continue the business of the testatrix. This authority is found in the “ direct, explicit and unequivocal language of the will.”

Nassau Beekman LLC v. Ann/Nassau Realty LLC

105 A.D.3d 33 · Appellate Division of the Supreme Court of the State of New York · Jan 31, 2013

However, since plaintiffs assertion to that effect is disputed by defendant, plaintiff clearly failed to establish a right to summary judgment on its breach of contract claim against defendant. … At best, that 3:00 p.m. meeting could qualify as partial performance of the alleged oral modification.

Westmoreland Ass'n v. West Cutter Estates, Ltd.

174 A.D.2d 144 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 1992

Under such a restrictive view, civic and property owners’ associations, with no direct proprietary interest in the land, would clearly have no standing to challenge the violation of a covenant. … Starkey further expanded it to include situations where the homeowners association was not established by deed.

Benitez v. New York City Board of Education

141 A.D.2d 457 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 1988

In sum, while the defense of assumption of the risk is ordinarily a question of fact for the jury, the evidence proves that the defense was clearly established and was not rebutted. … Clearly, plaintiffs injury cannot be attributed to a "mismatch”.

People v. Shedrick

104 A.D.2d 263 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 1984

Campbell also stated that defendant told him that he went to the Eatons’ house and his parents’ house to establish an alibi. … Here, defendant failed to establish a prima facie case.

Kraushar v. Burstein

154 A.D.2d 748 · Appellate Division of the Supreme Court of the State of New York · Oct 12, 1989

The announcement of this new program outlined a progressive route from entry level non-graded positions to the title of senior attorney and stated that "[performance is to be evaluated every six months against established … Petitioner qualified for, and received, the $1,000 honors premium and she continued to receive this supplement to her base salary through her appointment to the attorney II advanced level title.

In re Atthis D.

205 A.D.2d 263 · Appellate Division of the Supreme Court of the State of New York · Nov 22, 1994

It would clearly be inappropriate for this Court to read into section 350.1, provisions which the Court of Appeals specifically declined to read into section 340.1.” … 'Where a statute describes the particular situations in which it is to apply and no qualifying exception is added, "an irrefutable inference must be drawn that what is omitted or not included was intended to be omitted or

Rector v. Melish

4 A.D.2d 256 · Appellate Division of the Supreme Court of the State of New York · Jun 24, 1957

Sidener was elected by a sufficient vote at a meeting attended by persons whose positions and number qualified them to act, according to the relevant ecclesiastical law. … It was established however, by evidence received on the trial, and the question has been briefed and argued on this appeal, all without objection that it was not within the issues.

National Protective Ass'n of Steam Fitters & Helpers v. Cumming

53 A.D. 227 · Appellate Division of the Supreme Court of the State of New York · Jul 1, 1900

employers, to coerce other workingmen to become members of the organization and to come under its rules and conditions, under the penalty of the loss of their position, and of deprivation of employment, then that purpose seems clearly … The association had established a standard of skill in the trade to which its members belonged. Each applicant for membership was required to pass an examination to show that he was qualified as a mechanic.

In re Newman

236 A.D. 371 · Appellate Division of the Supreme Court of the State of New York · Sep 28, 1932

Clearly, under the statute, the wrongdoing must relate to the official duties of the accused, and must have been committed while he was in office. … Strobel’s election in 1931 closes the door to an inquiry concerning his acts during his previous term, or makes him immune from the provisions of this statute.

People v. Lewis

2026 NY Slip Op 01016 · Appellate Division of the Supreme Court of the State of New York · Feb 24, 2026

When considering the above definitions as applied in the statutory text, defendant's conduct is clearly a violation of Penal Law § 263.15. … The second factor, "whether the setting of the visual depiction is sexually suggestive," also weighs in favor of the images qualifying as simulated lewd exhibition of genitals ( id. ).

Tucker v. Martin

75 A.D.3d 1087 · Appellate Division of the Supreme Court of the State of New York · Jul 2, 2010

While the “protracted separation” of a parent from a child may, when coupled with other factors, be sufficient to establish extraordinary circumstances (Bennett, 40 NY2d at 550 ), the record clearly establishes that there … These ‘rights’ are not so much ‘rights,’ but responsibilities which reflect the view . . . that, except when disqualified or displaced by extraordinary circumstances, parents are generally best qualified to care for their

Matter of Figueroa v. New York City Hous. Auth.

141 A.D.3d 468 · Appellate Division of the Supreme Court of the State of New York · Jul 21, 2016

Petitioner filed a RFM grievance in 2012 to determine whether she qualified to succeed to Texidor’s lease. … Here, the evidence established that petitioner failed to remain current in her payment of use and occupancy, despite repeated written and in-person warnings of the requirement to do so, and despite being given at least eight

Prahar v. Tousey

93 A.D. 507 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1904

The law surrounds contracts with special protections against interference even by the sovereign power, and it is of the greatest importance that the mutual and lawful obligations of persons qualified to enter into contracts … Clair Tousey, and we are clearly of opinion that this did not establish fraud on the part of the plaintiff.

Stark v. Rotterdam Square

198 A.D.2d 583 · Appellate Division of the Supreme Court of the State of New York · Nov 4, 1993

We concur with Supreme Court that plaintiffs established entitlement to partial summary judgment against Rotterdam on the issue of liability pursuant to Labor Law § 240 (1) as a matter of law. … Neither the wooden blocking, which had to be removed for construction to continue and which was part of the construction, nor the ladder used to get to the roof qualify as safety devices.

Quaid v. Ratkowsky

183 A.D. 428 · Appellate Division of the Supreme Court of the State of New York · May 31, 1918

In May, 1911, it is alleged that the entire interest of Simon in the corporation was acquired by defendant, who ever since has been president and director and held all the stock of the corporation, except the qualifying shares … As I understand plaintiffs’ present contention it is that they established upon the trial certain facts, which as I view them fall within four categories: First, that the R. A. S.

Mulacek v. ExxonMobil Corp.

2023 NY Slip Op 02829 · Appellate Division of the Supreme Court of the State of New York · May 25, 2023

By accepting an EVR, each Holder consented to the establishment of that Holder [*2]Committee and its membership. … CRP agreement § 3.05(d) clearly demonstrates that Exxon contemplated a nonjudicial manner in which to address certain disputes.

In re the Removal from Office of Bolte

97 A.D. 551 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1904

The respondent was-, eligible for the office when elected and when he qualified and entered upon the performance of his duties; but it is claimed that, he thereafter moved to White Plains, H. Y. … This charge is, therefore, fairly sustained, and while we might hesitate to remove the respondent upon it alone, yet it is important in connection with other charges which we also deem established. *571 The evidence also